Patna Court November 1999 Judgments
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Mohd. Yunus and ors. Etc. Vs. State of Bihar
Court: Patna
Decided on: Nov-04-1999
M.L. Visa, J.1. These two appeals have been heard together and are being disposed of by this common judgment because both these appeals arise out of the common judgment passed by Sessions Judge, Madhepura in Sessions Cases No. 3 of 1994 and 164 of 1994 convicting and sentencing Md. Ismail, the sole appellant in Cr. Appeal No. 119/96 to undergo life imprisonment under Section 302/34, I.P.C., Md. Yunus and Md. Manzoor, who are appellants in Cr. Appeal No. 100/96 to undergo life imprisonment under Section 302/34 each and Kapileshwar Das, who is also an appellant in Cr. Appeal No. 100/96 to undergo life imprisonment under Section 302/34/114, I.P.C.2. The case of prosecution in short is that in the night of 27-11-1992 informant Arjun Das (P.W. 7) and his father after taking meal went to bed. The father of informant slept in a 'gohal' (cow-shed) whereas the informant slept in his house situate adjacent to 'gohal'. At about 11.30 p.m. the informant woke up and after urinating he again went ...
Shaukat Ali Vs. State of Bihar
Court: Patna
Decided on: Nov-03-1999
1. This appeal by the sole appellant Shaukat All is directed against the judgment and order dated 22-8-1991 passed by the 3rd Additional Sessions Judge, Saran, Chapra in Sessions Trial No. 139 of 1989/3 of 1991, convicting and sentencing the appellant to undergo imprisonment for life under Section 302 of the Indian Penal Code (for short, the IPC).2. The case of the prosecution, in short, is that Rahmat Mian, husband of the informant Amna Khatoon (PW 3) was working in a 'Chatkal' (Jute Mill) but since three months prior to 24-9-87 which is the date of reporting the case with the police, he was living in his house situate at Village Narayanchak, P.S. Madhaura, District Saran and was engaged in the work of preparing 'Biri'. His two brothers, Barkat Ali (PW 6) and appellant Shaukat Ali with their families, were also living in the same house but all the three brothers were separate in mess. There was an agreement between the husband of informant and his brothers for providing food to their...
Aditya Narayan Chouresia Vs. Bank of India and ors.
Court: Patna
Decided on: Nov-03-1999
A.K. Prasad, J. 1. This appeal is by defendant No. 2 in the suit. He was the guarantor for the cash-credit facility extended by the plaintiff-bank/respondent No. 1 to the principal debtor-respondent No. 2. The plaintiff-bank brought the suit for recovery of Rs.1,04,601.06 which was decreed against the defendants, including the principal-debtor and the guarantors/defendants. There are three defendants in this case. The 1st defendant is the principal-debtor, whereas defendants 2 and 3 are the guarantors. 2. The gist of the case of the plaintiff-bank is that defendant No. 1 (Subodh Kumar), the principal-debtor, ran a grocery shop. He approached the plaintiff for financial assistance by way of working capital and the plaintiff agreed to grant cash-credit facility to him to a limit of Rs. 25,000/- only repayable with interest @ 2.85 % over Reserve Bank of India, subject to a minimum of11.85% per annum, forwhich he executed a demand promissory note dated 10-10-1980 (exhibit 1). a deed of h...
Munna Kumar Vs. State of Bihar
Court: Patna
Decided on: Nov-03-1999
Induprabha Singh, J.1. This revision is directed against the judgment and order dated 29-5-1995 passed by the learned Tenth Additional Sessions Judge, Patna, in Criminal Appeal No. 184/94/2/94 whereby and whereunder the Court below has confirmed the conviction and sentence of the petitioner passed by the Judicial Magistrate, Ist Class (Railway), Patna, in R.P.F. (Patna) Case No. 7(2) 86, Trial No. 117 of 1994 in which the petitioner was convicted under Section 3A of the R.P. (U.P.) Act and was sentenced to undergo rigorous imprisonment for one year.2. The prosecution case, in short, is that on 28-2-1986 at about 16.45 the complainant Bhism Singh (P.W. 5) the head of the RPF Constable No. 17 along with Naik No. 1484 Bishunath Mali were patrolling at Digha Malgodam. On line No. 1 two wagons bearing No. S.C. 62408 and C.R. 86009 loaded by pig irons were standing and on line No. 2 one empty wagon bearing C.R. 27905 was standing. When they reached near the wagons they saw about 3-4 person...
Gopal Prasad Vs. Baushidhar Singh and ors.
Court: Patna
Decided on: Nov-03-1999
M.Y. Eqbal, J. 1. This civil revision application is directed against the order dated 27-3-99 passed by Sub-Judge III, Daltonganj in Partition Suit No. 13/93, whereby he has rejected the application filed by the plaintiff-petitioner under Section 22 of the Hindu Succession Act. 2. The plaintiff-petitioner instituted the aforementioned suit for partition of the joint property impleading defendants Nos. I to 13 but subsequently the defendant No. 14, namely, the sister of the plaintiff was also made party in the suit. The defendant Nos. 12 and 13 were made defendants, who were transferee from one of the co-sharers. It appears that during the pendency of the suit the pro forma opposite parties desired to dispose of their interest in the property and finally executed two sale deeds in favour of defendant No. 12, who figures as principal opposite party No. 1. The plaintiff, therefore, made an application under Section 22 of the Hindu Succession Act, 1946 (hereinafter referred to as 'the sa...
Sukhdeo Hazara and anr. Vs. State of Bihar
Court: Patna
Decided on: Nov-03-1999
Indu Prabha Singh, J.1. This revision petition is directed against the order dated 2-5-1995 passed by the learned Additional Sessions Judge, Banka, by which he has confirmed the conviction and sentence passed by the 1st Assistant Sessions Judge, Bhagalpur, whereby the petitioners were convicted under Section 395 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for seven years.2. The case of the prosecution, in brief, is that in the night of 25th/ 26th October, 1981, at about 1.00 a.m. the informant saw movement of some persons and he woke up and found that 30 to 32 dacoits variously armed entered into his house. They confined the informant and his son Shaligram Mahton. Thereafter, one of them assaulted the informant by lathi causing injury on his shoulder, as a result of which, he fell down on the cot. Another dacoit also gave a lathi blow on his face causing breaking down his teeth. He identified petitioner No. 1, namely, Sukhdeo Hazra, among the dacoits i...
Kewal Krishna Wadhwa and anr. Vs. State of Bihar and anr.
Court: Patna
Decided on: Nov-02-1999
Narayan Roy, J.1. Heard learned Counsel for the petitioners. However, no one appears on behalf of the Complainant-opposite party No. 2. 2. This application under Section 482 of the Cr. P.C. has been filed challenging the entire criminal prosecution launched against the petitioners under Section 500 of the I.P.C., in complaint case No. 1023(c)/94. Learned Counsel for the petitioners submitted that even at the face of the complaint petition no offence whatsoever is made out against the petitioners as the allegations levelled by the Complainant relates to the internal correspondence in between the petitioners who are officials of the Life Insurance Corporation of India and the Complainant. Learned Counsel for the petitioners has drawn my attention to the complaint petition and the letters attached with the complaint petition allegedly showing defamatory words used against the Complainant. From the letters attached to the complaint petition, it would appear that the Corporation from time...
Dr. Ajit Kumar Verma and ors. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Nov-02-1999
Nagendra Rai, J. 1. The three petitioner, who are working as Associate Professor, Assistant Professor and the Orthotic and Prosthetic Engineer in the Department of Physical Medicine and Rehabilitation, P.M.C.H., Patna, have filed the present writ application for quashing the part of the resolution contained in memo No. 102(1) / Health dated 29-3-1998, Issued under the signature of the Deputy Secretary, Department of Health, Medical Eduction and Family welfare, Government of Bihar, whereby a direction has been issued that, the viklang Bhavan Hospital along with its artificial limb centre, which was previously under the control of the Department of Physical Medicine and Rehabilitation of the P.M.C.H. would be a part of the newly created Bihar College of Physiotherapy and Occupational Therapy. 2. The petitioners' case is that in 1987, the Medical Council of India made a recommendation that a separte Department of Physical Medicine and Rehabilitation would be one of the minimum standard r...
Mrs. Neena Girish Vs. Bihar State Housing Board and ors.
Court: Patna
Decided on: Nov-01-1999
Aftab Alam, J.1. The petitioner challenges the demand made by the Bihar State Hosing Board ('the Board' hereinafter) for payment of a sum of Rs. 3,19,244.00 as outstanding dues as on 28-2-1999 before it would hand over to her the possession of Middle Income Group (M.I.G.) House No. 237, situate at Lohia Nagar, Kankarbagh Colony, Patna. The Board's demands are contained in the letters, copies of which are at Annexures-6, 7 and 9.2. On should have thought that after the bench decision of this Court in Anil Kumar Sinha v. Bihar State Housing Board and Ors. 1998 (3) PLJR 437, the long ordeal of the petitioner would be over but the Board seems to persist in its unreasonable stand and the matter is, therefore, once again before this Court. In Anil Kumar Sinha (supra), the heirs and legal representatives (the present petitioner being one of them) of the original allottee (Anil Kumar Sinha) were able to secure the eviction of a person whose occupation of the house was held to be unauthorised...
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